|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—Part-day public holidays
ROAD TRANSPORT AND DISTRIBUTION AWARD 2020
Road transport industry
VICE PRESIDENT HATCHER
SYDNEY, 4 NOVEMBER 2022
4 yearly review of modern awards – common issue – part-day public holidays – Road Transport and Distribution Award 2020
A. Further to the Full Bench decision issued by the Fair Work Commission on 4 November 2022 [ FWCFB 196], the above award is varied as follows:
1. By inserting clause 14.6(a)(iii) as follows:
(iii) If a public holiday is a part-day public holiday, then clause 14.6(a)(ii) applies on a pro-rata basis for the number of ordinary hours on the part-day public holiday.
2. By inserting clause 23.2(f) as follows:
(f) Work on part-day public holidays
Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 23.2.
3. By deleting clause 29.4.
4. By deleting Schedule H—Part-day Public Holidays.
5. By updating the table of contents and cross-references accordingly.
B. This determination comes into operation on 14 November 2022. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 14 November 2022.
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